With half of all renter households now spending more than 30 percent of their income on housing, millions are one emergency away from homelessness. Punishing people for our country’s failure to ensure adequate housing for all is inherently “cruel and unusual.” Widespread homelessness directly violates the human right to housing under international law, which must be recognized in the United States.
Eighth Amendment
For the Homeless, ‘Stay Awake or Be Arrested’
In a 6-3 decision written by Justice Neil Gorsuch, the Supreme Court rejected the claim that criminalizing sleeping in public by those with nowhere to go violates the Constitution’s prohibition on cruel and unusual punishment. The decision, disappointing but not surprising, will not lead to any reduction in homelessness, and will certainly result in more litigation.
When Is Punishment Enough for a Predator? A Child Rapist Makes His Case to End Probation, and Loses.
Lawrence William Morton, formerly of Flagler Beach, served 20 years in prison and five on probation for sex crimes against six minors. He appeared before a judge Monday, seeking to end his probation five years early, as the law allows, arguing that he’s been a model probationer. The judge denied the motion in a case broadly illustrative of recurring requests by sex offenders and predators, and dilemmas faced by the court and prosecutors.
Defense Files Motion to Dismiss Manslaughter Charge Against Migrant in Arrest Followed by Deputy’s Heart Attack
Two weeks after all but accusing the St. Johns County Sheriff’s Office of fabricating parts of the account surrounding the arrest of 18-year-old Virgilio Aguilar Mendez, the migrant’s defense attorney has filed a motion to dismiss the manslaughter count against him, calling it “legally insufficient” and arguing that there’s no connection between Mendez and what led to the death of Sheriff’s deputy Michael Kunovich of a heart attack after the arrest.
An Interview with Acclaimed Civil Rights Attorney and Equal Justice Initiative Founder Bryan Stevenson
Bryan Stevenson is the founder of the Equal Justice Initiative, a legal clinic in Montgomery, Ala., that’s made strides on prisoners’ behalf, and the National Memorial for Peace and Justice, a six-acre remembrance space highlighting the racial terrorism campaign that saw the lynching of over 6,500 victims, including women and children. In a wide-ranging interview, he reflects on the state of race in America and how honest accounts of history can help overcome resistance to progress.
Palm Coast’s Jessy Gilbreath, 28, Arrested for Raping Autistic Child, 12, in His Charge
Jessy Kalany Gilbreath, a 28-year-old resident of 45 Eton Lane, Side B, in Palm Coast, faces a capital felony charge of child rape. Though it’s the first such charge for a Flagler County suspect since the Legislature in its last term revived a law making an individual convicted of raping a child younger than 12 eligible for the death penalty, that does not apply in this case because the capital offense did not take place after Oct. 1, as did other alleged offenses.
Florida Prisoners Broil in 115-Degree Heat in Buildings Without AC, and No Plans for Structural Relief
Many prisons are decades old. Installing air conditioning would be expensive and take years. Some facilities can’t be retrofitted for AC. Temperatures inside buildings without air conditioning can soar 15 degrees higher than the temperature outside. That means temperatures over 100 degrees last month put the thermometer above 115 inside prisons in some regions.
Supreme Court Upholds Death Sentence for Christian Cruz in Volusia Murder
The court, in a 5-1 opinion, rejected arguments by Death Row inmate Christian Cruz that stemmed from his co-defendant, Justen Charles, receiving a life sentence in the murder of Christopher Jemery.
Lawyers Ask U.S. Supreme Court to Halt Duane Owen’s Killing, Arguing Mental Incompetence
Attorneys for convicted murderer Duane Owen on Monday asked the U.S. Supreme Court to block his execution, after Florida courts rejected arguments that he was not mentally competent to be put to death.
Recorded Executions in 2022 Skyrocketed to Highest Total in 5 Years
Recorded executions in 2022 reached the highest figure in five years, as the Middle East and North Africa’s most notorious executioners carried out killing sprees, Amnesty International said as it released its annual review of the death penalty.